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Premises and Improvements in nature and location. Purchaser shall not conduct or permit activities on, in or about
<br /> the Premises or the Improvements that have a reasonable likelihood of causing damage, impairment or otherwise
<br /> adversely affecting the System. Purchaser shall reimburse Seller for any loss or damage to the System to the extent
<br /> caused by or arising out of(i)Purchaser's breach of its obligations under this Section or(ii)the acts or omissions of
<br /> Purchaser or its employees,agents,invitees or separate contractors.
<br /> d. Insolation. Purchaser acknowledges that unobstructed access to sunlight ("Insolation") is essential to Seller's
<br /> performance of its obligations and a material term of this Agreement. Purchaser shall not, to the extent within its
<br /> reasonable control,cause or permit any interference with the System's Insolation,and shall ensure that vegetation on
<br /> the Premises adjacent to the System is regularly pruned or otherwise maintained to prevent interference with the
<br /> System's Insolation. If Purchaser discovers any activity or condition that could diminish the Insolation of the System,
<br /> Purchaser shall immediately notify Seller and cooperate with Seller in preserving and restoring the System's Insolation
<br /> levels as they existed on the Effective Date.
<br /> e. Use and Pavment of Contractors and Subcontractors. Seller shall use suitably qualified,experienced and licensed
<br /> contractors and subcontractors to perform its obligations under this Agreement. However, Seller shall be responsible
<br /> for the quality of the work performed by its contractors and subcontractors.Seller shall pay when due all valid charges
<br /> from all contractors,subcontractors and suppliers supplying goods or services to Seller under this Agreement.
<br /> L Liens.
<br /> i. Lien Obligations. Purchaser shall not directly or indirectly cause, create, incur, assume or allow to exist any
<br /> mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature, except such
<br /> encumbrances as may be required to allow Seller access to the Premises, (each a"Lien")on or with respect to
<br /> the System. Seller shall not directly or indirectly cause, create, incur, assume or allow to exist any Lien on or
<br /> with respect to the Premises or the Improvements, other than those Liens which Seller is permitted by law to
<br /> place on the Premises due to non-payment by Purchaser of amounts due under this Agreement. Each Party shall
<br /> immediately notify the other Party in writing of the existence of any such Lien following discovery of same,and
<br /> shall promptly(and in all events within thirty(30)days)cause the same to be discharged and released of record
<br /> without cost to the other Party;provided,however,that each First Party has the right to contest any such Lien,
<br /> so long as it provides a statutory bond or other reasonable assurances of payment that either removes such Lien
<br /> from title to the affected property, or that assures that any adverse judgment with respect to such Lien shall be
<br /> paid without affecting title to such property.
<br /> ii. Lien Indemnity. Each Party shall reimburse the other Party from and against all claims, losses, damages,
<br /> liabilities and expenses resulting from any Liens filed against such other Party's property as a result of the First
<br /> Party's breach of its obligations under Section 7(f)(i).
<br /> g. High Speed Internet.Purchaser is required, for the Term of this Agreement,to provide Seller with high speed,wired
<br /> connection to the Internet at a reasonable location on the Premises as determined by Seller in its sole discretion.This
<br /> is to allow the Seller to monitor the System remotely.
<br /> 8. Relocation of Svstem.
<br /> If,during the Term,Purchaser ceases to conduct business operations at the Premises or vacates the Premises;the Premises have
<br /> been destroyed; or the Purchaser is otherwise unable to continue to host the System or accept the electricity delivered by the
<br /> System for any other reason(other than a Default Event by Seller), Purchaser may propose in writing the relocation of the
<br /> System,at Purchaser's cost,in lieu of termination of the Agreement by Seller for a Default Event by Purchaser.If such proposal
<br /> is practically feasible and preserves the economic value of the agreement for Seller,the Parties shall seek to negotiate in good
<br /> faith an agreement for the relocation of the System. If the Parties are unable to reach agreement on relocation of the System
<br /> within sixty(60)days after the date of receipt of Purchaser's proposal,Seller may terminate this Agreement pursuant to Section
<br /> I I(b)(ii).
<br /> 9. Removal of Svstem upon Termination or Expiration.
<br /> Upon the expiration or earlier termination of this Agreement(provided Purchaser does not exercise its purchase option under
<br /> Section 14(b)), Seller shall,at its expense(unless expressly provided otherwise in this Agreement),remove all of the tangible
<br /> property comprising the System from the Premises with a targeted completion date that is no later than ninety (90)days after
<br /> the expiration of the Term.The portion of the Premises where the System is located shall be returned to substantially its original
<br /> {7794548:1 SEIA C&I PPA,version 2.0
<br /> Exh. 3,p. 5
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